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MATTER OF CONTROLLED CABLE CORP.

95 N.J. 473 (1984)

472 A.2d 130

IN THE MATTER OF THE PETITION BY CONTROLLED CABLE CORPORATION, CABLEVISION OF JERSEY CITY, SIX STAR CABLEVISION, AND NEW JERSEY CABLE TV COMMUNICATIONS SYSTEMS, INC., FOR A CERTIFICATE OF APPROVAL TO CONSTRUCT AND OPERATE A CABLE TELEVISION SYSTEM IN JERSEY CITY, HUDSON COUNTY, NEW JERSEY.

The Supreme Court of New Jersey.

Decided March 13, 1984.

Attorney(s) appearing for the Case

David A. Waters argued the cause for appellant Cablevision of Jersey City (Waters, McPherson, McNeill, attorneys; Mr. Waters and Lawrence Z. Kotler, on the brief).

Barbara A. Harned, Deputy Attorney General, argued the cause for appellant Board of Public Utilities (Irwin I. Kimmelman, Attorney General of New Jersey, attorney; James J. Ciancia, Assistant Attorney General, of counsel).

Ronald D. Brown argued the cause for respondent Controlled Cable Corporation.

Robert H. Greenwood argued the cause for respondent Suburban Cablevision (Greenwood & Sayovitz, attorneys).

The opinion of the Court was delivered by O'HERN, J.

This appeal concerns the relationship between two provisions of the Cable Television Act, N.J.S.A. 48:5A-1 to -53 (Act). The specific question is whether a proposed cable television licensee may be denied a franchise by the Board of Public Utilities Commissioners (Board) without the hearing mandated by N.J.S.A. 48:5A-16b when the Board makes a preliminary determination that the municipal consents required...

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